By Eric Vandenbroeck and co-workers
Saudi Trip to Washington
Despite U.S.
President Donald Trump and Saudi Crown Prince Mohammed bin Salman’s display of
bonhomie at the White House this week, a formal U.S.-Saudi
civilian nuclear cooperation deal remains out of reach, with the two sides
at odds over Riyadh’s continued insistence that it be allowed to domestically
enrich uranium.
Though the White
House and U.S. Energy Department touted the signing of a “Joint Declaration on
the Completion of Negotiations” for a bilateral nuclear trade deal, the reality
is that a formal “123” agreement, which Congress is statutorily required
to review, has not been formalized, and neither side has offered a timeline for
when it might be reached. Named after a section in the 1954 Atomic Energy Act,
123 deals permit the export of U.S. atomic energy reactors, related equipment,
and nuclear reactor fuel.
Mohammed bin Salman, Saudi Arabia’s de facto
ruler, has spoken repeatedly of his desire for a nuclear weapon, particularly
if Iran should ever acquire one. Under his leadership, Riyadh has refused to
accept the nonproliferation safeguards that consecutive U.S. administrations
have insisted on as the price for winning the symbolically important prize of
being able to import U.S. nuclear technologies and expertise.
Washington wants the
Gulf monarchy to adhere to the so-called “gold standard,” whereby foreign
governments pledge to never reprocess spent nuclear fuel or enrich uranium—the
two pathways for acquiring the fissile material necessary for fueling a nuclear
warhead.
“Everyone wants it to
look like they met their deadline, and they didn’t … the Saudis had a
negotiating team here for several weeks for this. If it were a standard
agreement, it would be pretty cut and dry. It obviously is not a standard
agreement that they are working on, and there are clearly differences,” said
Henry Sokolski, the executive director of the Washington-based Nonproliferation
Policy Education Center. Sokolski, who closely follows 123 deals, added, “Most
people see it [the joint declaration] as a commitment to completing the
agreement, but another way of looking at it is that after trying, they couldn’t
get an agreement yet—and they expected to have gotten one by now.”
In remarks made on
Tuesday, 18 December, while sitting next to the crown prince at the Oval
Office, Trump indicated that he was in no rush to finalize a nuclear trade
deal.
“I can see that
happening,” the U.S. president said in response to a reporter’s question about
whether a formal civil nuclear deal would be reached soon, adding, “It’s not
urgent.”
In a Wednesday
interview with Fox News, U.S. Energy Secretary Chris Wright—who signed the
joint declaration with the Saudi energy minister, Prince Abdulaziz bin Salman
Al Saud—ruled out allowing Saudi Arabia to enrich uranium as part of a
bilateral nuclear deal.
“No enrichment. In
this agreement, this is just for construction of a power plant, American
technology, American companies to build a very large nuclear power plant in
Saudi Arabia,” the secretary said. “The ultimate deal that will be done is a
123 agreement that will go to the United States Congress for approval, but it
is about civilian, civil use of nuclear power. It is not about enrichment. It
is not about anything related to weapons. It’s just about generating
electricity.”
Even as many U.S.
lawmakers on both sides of the aisle have dialed back their personal
animosity toward Mohammed bin Salman for what U.S. intelligence says was his
role in ordering the 2018 assassination of Saudi dissident journalist
and Virginia resident Jamal Khashoggi, the two
senators who would lead congressional debate in their chamber of any eventual
123 agreement insisted that Riyadh accept the gold standard, which its
neighbor, the United Arab Emirates, did back in 2009.

U.S. President Donald
Trump (center left) welcomes Saudi Crown Prince Mohammed bin Salman (center
right) during an arrival ceremony at the White House in Washington on Nov. 18.
Though the White
House and U.S. Energy Department touted the signing of a “Joint Declaration on
the Completion of Negotiations” for a bilateral nuclear trade deal, the reality
is that a formal “123” agreement, which Congress is statutorily required
to review, has not been formalized, and neither side has offered a timeline for
when it might be reached. Named after a section in the 1954 Atomic Energy Act,
123 deals permit the export of U.S. atomic energy reactors, related equipment,
and nuclear reactor fuel.
“Any potential
civilian nuclear cooperation agreement with Saudi Arabia must include enhanced
inspections through an Additional Protocol to Saudi Arabia’s safeguards
agreement with the International Atomic Energy Agency. It is also critical that
we hold Saudi Arabia to the ‘gold standard’ to ensure that Riyadh will not
enrich uranium or reprocess plutonium,” Sen. Jeanne Shaheen, the top Democrat
on the Senate Foreign Relations Committee, said in a statement. “Further, Saudi
Arabia’s stated intention to acquire nuclear weapons if Iran makes demands
requires extreme caution. We must not fuel a nuclear arms race in the Middle
East.”
Shaheen’s Republican
counterpart, Sen. James Risch, said that “there’s a good possibility” of a 123
deal being reached with Riyadh but that the gold standard “has to be” included
in it.
Republican Sen.
Lindsey Graham, who was one of the crown prince’s most vocal congressional
critics following the Khashoggi assassination, sounded distinctly less vehement
when discussing the possibility of a nuclear trade deal with the Gulf kingdom,
which he called a “good ally.”
“That’s a different
discussion for a different day about how to develop a peaceful nuclear
capability in Saudi Arabia,” Graham said. “They have a lot of uranium, and I
think that would be part of a bigger deal in terms of [nonproliferation].”
In theory, Congress
can vote down any 123 agreement, but in practice, there is a very high bar for
doing so because of the presidential veto, Sokolski said. Still, the
congressional oversight process can be used to build pressure for concessions
or tweaks to nuclear cooperation deals.
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